This agreement is between Wild Phoenix Photography, hereinafter referred to as the "Photographer", and the signers of this portrait photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the wedding session detailed below. The package list and price list and/or documents attached to this contract are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties.
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to notify the Photographer. If the Parties want to waive one part of this agreement that does not mean that any other part is also waived. All contracts must be signed within 48 hours of receipt and the retainer must be paid to book your photoshoot.
Change of Date or Venue
The Photographer must be notified immediately of any changes in schedule or location, at least 48 hours prior to the scheduled date of event. Notification of any changes can be made by contacting the Photographer. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all arrangements at least 48 hours prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer.
Non-Refundable Retainer Fee
A non-refundable retainer fee is required to book your wedding. This is a non-refundable retainer fee. Clicking the "Done!" button will take you to the page to pay your retainer fee. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer fee is received. The retainer fee shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before the start of the photo shoot. If final payment is not received, the Photographer will not be expected to attend said event.
Package chosen covers all weddings held within 30 miles of Lincolnton, North Carolina. Any weddings outside of this area will incur a $2 per mile travel fee, pre-calulated and paid before the wedding date. Travel expenses such as parking, tolls, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event.
There shall be no refund of retainer after the signing of the Contract and the reservation of the photography date. If the event is cancelled and or communication of venue change is not given to photographer within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing.
Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. It is acknowledged that any photo requests submitted to the Photographer will be used for organizational purposes only and in no way is the Photographer required to fulfill these. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. Clients are responsible for all location fees and permits.
All photographs are copyrighted under Wild Phoenix Photography. The negatives and/or digital images (hereinafter referred to as the “images”) created by the Photographer remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The Photographer retains the copyright to all images produced by the Photographer. The client understands the images given on CD/DVD/Flash Drives, etc cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer. The Photographer is the lawful copyright owner of all images. Editing, cropping or altering images in any way is prohibited.
The Photographer shall be the exclusive photographer retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.
Event Food Service
Photographer will require a 30 minute to hour break during reception to eat. A meal does not have to be provided.
The Photographer cannot be held responsible for damage to garments due to environmental events. Client is responsible to arrange personal assistance for garments.
Images are edited at the Photographer’s discretion, and the Client will receive the amount of photos agreed upon per the package paid for along with any additional photographs purchased. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards. Editing will typically take 4-8 weeks to complete.
If the Photographer cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any money paid by the Client, except for the deposit and any other expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer.
Returned checks are subject to a $35.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.
Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. Photographer cannot guarantee/duplicate a requested image. Amount of images provided will depend upon cooperation of all subjects and situations. Photographer does not guarantee any specific amount of images. Once images are delivered, photographer will not be held responsible for original files and may not be able to reproduce files. Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt. Photographer agrees to archive all images for a period of 6 months.
Wild Phoenix Photography cannot guarantee images printed from any establishment and cannot be held responsible for print quality if images are printed by any source other than its approved vendors.
Limit of Liability
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. In the unlikely event that the photographer(s) are injured, become too ill, or has an emergency that prevents them from photographing the event, Wild Phoenix Photography will contact the CLIENT as soon as possible, to arrange another suitable date and time, and if necessary (if an event), will try to find a replacement photographer. If this does not suit the CLIENT, the CLIENTS agree that responsibility and liability of Wild Phoenix Photography to the CLIENTS is limited to the return of all payments received for the event. Wild Phoenix Photography takes the upmost care with respect to exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs/images of the event will not be lost, stolen, or destroyed for reasons within or beyond the Photographer's control. CLIENT agrees that Wild Phoenix Photography or the photographer(s) full and complete responsibility and liability is limited to the return of all payments received for the event.
The CLIENTS hereby grants to Wild Phoenix Photography and successors, heirs, executors, administrators, assigns, attorneys, representatives and agents, the irrevocable and unrestricted right to use and publish photographs of the CLIENTS or in which the CLIENTS may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. The CLIENTS hereby release Wild Phoenix Photography and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to Wild Phoenix Photography use of said images. I hereby give to Wild Phoenix Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.